소비자단체소송의 소송법상 쟁점에 관한 고찰

An organization litigation in the Framework Act on Consumers was introduced to protect consumer rights does not function as remedies of injured consumers and prevention measures of consumers’ damage until 10 years later. That is just a natural outcome of related provisions under the Act. In order that a new litigation system can function, the system have to be introduced through careful and adequate examination and review about its legal implication in a substantial law and a procedural law. However, the organization litigation in the Act is thought to have been lacking in the premise if we even look at its related provisions. The organization litigation is full of problems on civil procedure, including its subjects and litigations with standing to sue. This may be due to overlook essential differences between the two when the Framework Act on Consumers about consumer policy prescribes matters concerning an organization litigation for remedy of injured consumers and prevention of consumers’ damage. The aim of the paper is to offer some interpretative and legislative solutions to the issues, which related provisions under the Framework Act on Consumers do not sound right in the aspect of a procedural law.